Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
LAS CRUCES — A former 911 call center employee who claimed she suffered discrimination when she was fired after admitting to marijuana use has been awarded $25,000 by a federal judge.
U.S. Magistrate Judge Richard Puglisi ruled in favor of Sylvia Smith of Las Cruces during a summary bench trial June 25.
Smith, a former interim director for the Mesilla Valley Regional Dispatch Authority, was fired in March 2005 after admitting to using marijuana twice in 2003.
Smith had sued the dispatch authority, claiming she was treated unfairly because two other employees who were fired at the same time, also for admitting to drug use, were given a chance for an internal appeal and were rehired. Smith, however, wasn't granted an appeal.
In addition, Smith also had contended she was fired because she'd complained to the governing board of the call center about campaign activity being conducted by a former supervisor.
Smith's attorney, Rosanne Camuñez, said Puglisi didn't act on the claim tied to campaigning activity but rather addressed the fact Smith wasn't given a chance to appeal.
"He found there was a due process violation," she said.
Smith, who worked for the dispatch authority for 19 years, said she has "mixed emotions" about the ruling. She said she was pleased, but the lawsuit process was trying.
"It's just been time-consuming," she said. "It's stressful when you're having to go through settlements and meetings. My family and I are grateful it's over and I'm glad to move on."
Smith said she has since gained a job with the city of Las Cruces.
An attorney representing the dispatch authority did not return messages Monday seeking comment. Doña Ana County Fire Marshal Paul Chavez, chairman of the dispatch authority board, declined to comment about the matter.
Camuñez said Smith and the dispatch authority agreed to a summary bench trial, which differs from a typical trial because no jury is involved. Rather, a judge hears evidence and makes a final ruling. She said the parties also agreed to certain terms beforehand, including time limits on testimony and that the ruling can't be appealed.
Smith filed her suit in December 2006 in federal court in Las Cruces.
The dispatch authority oversees emergency dispatch services for the city of Las Cruces, Doña Ana County, town of Mesilla and other local governments. It's overseen by a board of directors from each of the member governments. Chavez said the award will be paid by the authority's insurance carrier.
In addition to the dispatch authority, Smith had also sued Hugo Costa, current director of the entity, and Chavez. Puglisi dismissed the claims against Costa and Chavez.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Las Cruces Sun-News
Copyright: 2008 Las Cruces Sun-News
Contact: dalba@lcsun-news.com
Website: Former 911 center worker wins discrimination suit against Mesilla Valley Dispatch - Las Cruces Sun-News
U.S. Magistrate Judge Richard Puglisi ruled in favor of Sylvia Smith of Las Cruces during a summary bench trial June 25.
Smith, a former interim director for the Mesilla Valley Regional Dispatch Authority, was fired in March 2005 after admitting to using marijuana twice in 2003.
Smith had sued the dispatch authority, claiming she was treated unfairly because two other employees who were fired at the same time, also for admitting to drug use, were given a chance for an internal appeal and were rehired. Smith, however, wasn't granted an appeal.
In addition, Smith also had contended she was fired because she'd complained to the governing board of the call center about campaign activity being conducted by a former supervisor.
Smith's attorney, Rosanne Camuñez, said Puglisi didn't act on the claim tied to campaigning activity but rather addressed the fact Smith wasn't given a chance to appeal.
"He found there was a due process violation," she said.
Smith, who worked for the dispatch authority for 19 years, said she has "mixed emotions" about the ruling. She said she was pleased, but the lawsuit process was trying.
"It's just been time-consuming," she said. "It's stressful when you're having to go through settlements and meetings. My family and I are grateful it's over and I'm glad to move on."
Smith said she has since gained a job with the city of Las Cruces.
An attorney representing the dispatch authority did not return messages Monday seeking comment. Doña Ana County Fire Marshal Paul Chavez, chairman of the dispatch authority board, declined to comment about the matter.
Camuñez said Smith and the dispatch authority agreed to a summary bench trial, which differs from a typical trial because no jury is involved. Rather, a judge hears evidence and makes a final ruling. She said the parties also agreed to certain terms beforehand, including time limits on testimony and that the ruling can't be appealed.
Smith filed her suit in December 2006 in federal court in Las Cruces.
The dispatch authority oversees emergency dispatch services for the city of Las Cruces, Doña Ana County, town of Mesilla and other local governments. It's overseen by a board of directors from each of the member governments. Chavez said the award will be paid by the authority's insurance carrier.
In addition to the dispatch authority, Smith had also sued Hugo Costa, current director of the entity, and Chavez. Puglisi dismissed the claims against Costa and Chavez.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Las Cruces Sun-News
Copyright: 2008 Las Cruces Sun-News
Contact: dalba@lcsun-news.com
Website: Former 911 center worker wins discrimination suit against Mesilla Valley Dispatch - Las Cruces Sun-News
